Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be
some typographical errors
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 3 pages 550-553 probate year 1877.
|Will of Louisa Dixon|
In re LOUISA DIXON. DECEASED.I Louisa Dixon formerly of Saint John's Newfoundland but now of Number 2 Bromley Villas Shortlands in the County of Kent Spinster revoking all former wills and testamentary dispositions do declare this to be my last will and testament I appoint my dear niece Fanny Brooking Lady Dacres the wife of General Sir Richard James Dacres G.C.B. Commandant of the Royal Horse Artillery and Henry Tyles of 14 Essex Street Strand Gentleman to be the executrix and executor and the Trustees of this my will I request my said niece Lady Dacres to select such of my wearing apparel as she shall think fitting and to send it at the expense of my estate to my cousin Mary Piers daughter of Temple Foster Piers of Halifax to whom I bequeath the same accordingly (free of legacy duty) if it shall be of or above the value of twenty pounds) And I bequeath the remainder of my wearing apparel to the maid who shall be my personal attendant at the time of my death I authorize my executors at the expense of my estate to provide suitable mourning for my servants and to pay them or either of them at their discretion any small gratuities beyond their wages which they shall think fitting for any extra trouble caused by my illness or otherwise I direct my executors to sell my furniture plate plated articles consumable stores wines liquors linen china books and all other my household effects as soon as conveniently may be after my decease and to invest the clear proceeds thereof in or on some or one of the securities on which the proceeds of my shares in the Union Bank of Newfoundland are hereinafter directed or authorized to be invested with power for my executors from time to time to vary such investments for others of the same or a like description and to pay and apply the income of such investments at the uncontrolled discretion of my executor for or towards the maintenance and education or otherwise for the benefit of my two youngest grand nieces Louisa Edith Sophia Thomas and Aimee Sarah Clementina Thomas during their respective minorities and to pay transfer and divide the principal of such trust funds equally between my said great nieces on their respectively attaining the age of twenty one years and if only one shall attain that age to pay and transfer the whole of the principal to that one on her attaining that age And I empower my executors notwithstanding the direction aforesaid to refrain from selling for such time as they shall deem expedient any part of the said effects and to apply the part not sold in such manner as they shall think fit for the benefit of my said great nieces or either of them during their respective minorities or to retain the same for them until they respectively shall attain the said age of twenty one years it being my intention that my executors shall have full discretionary power to deal with or dispose of the same effects or any of them for the benefit of my said great nieces or either of them or to divide the same between them as my executors shall think fit without incurring any liability in respect thereof and that their decision as to the division thereof or otherwise in relation thereto shall be binding and conclusive in all respects
I direct my executors to sell all my shares in the Union Bank of Newfoundland as soon as conveniently may be after my decease but I leave the precise time and mode and conditions of sale to their uncontrolled discretion And I empower them to sell part thereof at one time and part at another or other times and I direct them at their uncontrolled discretion to invest the proceeds of every such sale or sales either in the Government stocks funds or securities of Great Britain or of any Colony or Dependency of Great Britain or of any foreign Country or in any Industrial or other undertaking therein respectively or in real securities in England or in such other securities as they shall think fit and to stand possessed of such investments and also of the money produced by the sale of my shares in the said Bank or any of them if the same shall be sold by me in my lifetime and of the investments on which the purchase money thereof shall be laid out in trust to retain such investments or any of them or any part thereof respectively for such period as they shall think fit or to sell the same and to invest the proceeds of every such sale and also the money which may be produced as aforesaid on any such investments as are hereinbefore directed or authorized with power to vary the investments hereinbefore mentioned or any of them from time to time for others of the same or a like description and to stand possessed of the said trust premises in trust in the first place to raise in aid of my residuary estate hereafter given and bequeathed to my niece Lady Dacres such a sum as shall be necessary therewith to pay my funeral and testamentary and executorial expenses and debts and subject thereto in trust out of the said trust premises to pay the legacy duty on the annuity hereinafter given and on such part of my said furniture and other effects as shall be retained for my great nieces and not sold at my death and subject thereto In trust out of the income of the said trust premises to pay to my sister Charlotte Campbell of Saint John's aforesaid widow an annuity of thirty pounds to commence as from the last payment during my lifetime of the allowance I now make to her and to be payable thenceforth during her life by equal half yearly payments from that time with a proportionate part thereof to the day of her death and subject thereto to set apart and appropriate at the uncontrolled discretion of my executors out of the said trust premises securities to the value of one thousand pounds sterling but so nevertheless that if any part of my said Bank shares shall be so appropriated I direct that the same shall be sold as soon as conveniently may be in the manner hereinbefore directed for sale of my Bank shares generally and the proceeds invested in some or one of the securities before mentioned or referred to with power to vary the securities so appropriated or purchased for any of the securities hereinbefore mentioned or referred to from time to time with the consent of the said Fanny Lady Dacres during her life and after her death at the discretion of my executors and to pay the annual income of such appropriated purchased and varied securities as last aforesaid which for the time being shall represent the said securities so directed to be appropriated or purchased to the value of one thousand pounds to or permit the same to be received by the said Fanny Lady Dacres during her lifetime and subject as aforesaid to stand possessed of the whole of the said trust premises and the income thereof respectively in trust for such of my great nephews and nieces Charles William Thomas James Richard Thomas Arthur Francis Thomas and the said Louisa Edith Sophia Thomas and niece Sarah Clementine Thomas the five youngest children of my said nephew William Piers Thomas as shall attain the age of twenty one years and if more than one to be divided between them equally as tenants in common and if only one shall attain that age the whole to be in trust for that one And I empower my executors to apply the whole or any part of the income of the whole or any part of the principal of the expectant or presumptive share of any minor for the time being of any in the said trust premises in or towards the maintenance education or advancement in the world or otherwise for the benefit of such minor at their uncontrolled discretion and notwithstanding that any other fund may be similarly applicable or that the parent of such minor shall be legally liable to provide for such minor And I direct that the unapplied portion of such income shall be accumulated in some or one of the securities before mentioned or referred to but with power for my executors to vary the same for others of the same or a like description and that such accumulation shall be added to the principal for the benefit of the person or persons who shall ultimately become entitled thereto I declare that all bonuses or extra dividends on by Bank shares and all annual proceeds of my property however invested whether in the nature of income or not shall be considered as annual income and applied for the benefit of the persons respectively entitled to the income of my property for the time being
And all the residue of my property whatsoever and wheresoever and whether real or personal estate I give and bequeath but charged nevertheless as the primary fund with the payment of my funeral and testamentary and executorial expenses and my debts to my said niece Fanny Lady Dacres for her separate use absolutely I direct that the expressions my executors used throughout my will shall extend to and include my executrix and executor hereby appointed and other my personal representative or representatives for the time being and the trustees or trustee for the time being of this my will and that they she or he may exercise all powers and discretions hereinbefore given to my executors In witness whereof I the said Louisa Dixon have hereunto set my hand and seal this ____ day of ______ one thousand eight hundred and seventy-
Louisa Dixon- (LS) Signed and sealed by the said testatrix as and for her last will and testament in the presence of us present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses, Charlotte Belgrave, Mary Ann Shepherd.
D. M. Browning